REPORT 
OF THE 
Special Committee 
ON 
jtlcdiml jfi'yishition 
BEFORE THE 
ILLINOIS STATE MEDICAL SOCIETY 
AT ITS 
£l)irtn-first meeting, Ijeli) at Chicago, man, 
1881. 
milo a McClelland, m d 
(Chairman Committee.) 
CHICAGO: > 
Johnson, Outs & Co., Printers and Binders, 
188 MONROE STREET. Dear Sir: 
The undersigned has been continued Chair- 
man of Committee on Medical Legislation, to report 
at the meeting at Quincy Ills., in May, 1882. He will 
be under obligation to gentlemen into whose hands 
this Report may come, if they will forward him, in 
brief, any statutory enactments that have been 
made since the present Report was prepared. Due 
acknowledgement will be given. 
Respectfully. 
M. A. McClelland- COMPLIMENTS OF THE AUTHOR 
REPORT 
OF THE 
Special Committee 
ON 
MEDICAL LEGISLATION 
BEFORE THE 
ILLINOIS STATE MEDICAL SOCIETY 
AT ITS 
<JI)irtg-first iUceting, l)cl& at (Cl)icago, Man, 
1881. 
milo a. McClelland, m. d. 
(Chairman Committee.) 
CHICAGO: 
Johnson, Olds & Co., Printers and Binders, 
188 MONROE STREET. REPORT ON THE EEGAE REGULATION OF THE 
PRACTICE 0E MEDICINE. 
M. A. McClelland, M. D., Knoxville, III. 
Earliest legal enactments in the United States.—Initial taken by the Legis- 
lature of New York.—Subsequent laws in force in that State.—Conflict 
between legitimate medicine and quackery.—Conflict an unequal one.— 
Restrictions of the Foreign Medical Press on the status of medicine in 
the United States.—Restrictions gratuitous.—Medical history of Great 
Britain from 1806 to 1826.—Scottish Universities trading in “bogus” di- 
plomas.—English market for “bogus” American diplomas.—This variety 
of “American Consols” fall below par upon the enforcement of the 
“ Compulsory Registration ” Act in England.—Corporate privileges too 
easily obtained in United States.—Scottish Universities return to virtue 
in 1833.—Is the subject one falling within the legitimate domain of leg- 
islation?—Enforcement of the law should not fall upon Boards of 
Health, Medical Societies, nor private physicians, but upon the ordi- 
nary law otflcers.—Wyoming practice.— Canadian laws.— Conclusion 
recommendations. 
Supplementary:—Brief statement of laws in force in the different States 
of the Union. 
SYLLABUS. 
Iii the United States, the regulation of the practice of med- 
icine, by legal enactment, began prior to 1806. The initial 
was taken by the legislature of New York. To practice either 
medicine or surgery without being duly licensed for the pur- 
pose was made a penal offense. Prior to this year, there was 
no statute forbidding the collection of fees for such unlawful 
practice. This the legislature, in above named year, provided 
for by enacting “ that any person who should commence prac- 4 
tice without a license, after the first day of September, next 
ensuing, should forever thereafter be disqualified from collect- 
ing any debt or debts incurred by such practice.” (Lyman, 
Popular Science Monthly, April, 1881.) 
The history of medical legislation from that time to the 
present has been the history of the conflict between legitimate 
medicine and quackery, in which quackery has often come out 
first best. The people demand that they shall have their med- 
icine as they have their theology and politics,—of whatever 
quality or quantity they choose; hence, laws made for the regu- 
lation of the practice, have generally been inoperative through 
the mutual efforts of the laity and empirics to thwart them. 
Good results, however, have and will continue to follow these 
attempts to bring the practice of medicine under legal control. 
The opportunity is offered, the profession to discuss questions 
pertaining to the practice, and in the end, an enlightened public 
opinion will do much to advance the cause of science and to 
suppress charlatanry in its various forms. 
The statutes of Kew York were revised in 1818 and in 1830, 
in which year “the unauthorized practice of medicine was 
declared a misdemeanor, to be punished by fine and imprison- 
ment or both.” The criminal feature of the statute was ren- 
dered inoperative early the same year, by an act that made the 
offense merely penal, and the wisdom of the ordinary legislator 
was further shown by an additional provision exempting from 
the penalty of the statute those who applied “ for the benefit 
of any sick person any root, bark or herb, the growth or pro- 
duce of the United States; however, these practitioners were 
still debarred from collecting fees for services rendered. 
It was, however, easy and more pleasant to collect the fee 
in advance, and this they did. (Lyman.) The legal physician 
waited .for his fee till the end of the year, and then frequently 
did not get it. We in Illinois, are living through this same ex- 
perience, despite the regulation of practice by statutory enact- 5 
ments, but not to the same extent as formerly without this re- 
gulation. The number of charlatans and empirics lias been 
reduced—not entirely suppressed. 
Here will be a proper place to speak of the restrictions made 
by the foreign medical press in regard to the status of medi- 
cine in the United States, which restrictions are for the most 
part gratuitous. 
The medical history of Great Britain from 1806 to 1826, is 
more shameful than anything that has recently occurred in our 
own country. During this time the venerable Universities of 
Edinburg, St. Andrews and Aberdeen, through certain of the 
professors in these schools, were trading in medical degrees by 
the wholesale. The like of this has never occurred in any ot 
the reputable American medical schools. In fact, the nefarious 
practice has been, I think, without exception, the grand pre- 
rogative of the so-styled eclectic schools. This is one of their 
radical reforms, and if the Grand High Priest of the order is 
to be believed, conservative Europe took forty of the sixty 
thousand bogus diplomas his several universities conferred the 
past few years at the small cost of ten to two hundred dollars, 
according to the means or gullibility of the “ honorable and 
honest applicants ” for the same. This trade in England 
rapidly fell away as soon as compulsory registration went into 
effect in that country. 
Under our political system corporate privileges are readily 
obtained from pliant legislators. This makes it quite easy for 
broken down hacks in medicine and theology to obtain author- 
ity to grant degrees, without offering the least proof of their 
competency to teach any of the branches in science or medi- 
cine. This was notably the case in Pennsylvania. One of the 
“ professors ” who presumed to put his name upon diplomas, 
certifying to the fitness of the possessor to practice medicine, 
was a Methodist preacher. The dean, president and secretary 
of one of these concerns were of this theological complexion. 6 
One of tliem was expelled by his local conference for his disre- 
putable connection with the issuing of bogus degrees. lie 
was, however, very shortly afterward reinstated by the judicial 
council or higher court of that Church for reasons that do not 
clearly appear, possibly on account of persecution of the saints. 
Another of the crowd was a Congregational minister. lie, 
too, was expelled from his ministerial association, and it does 
not yet appear that he was ever reinstated. It is to be hoped, 
for the sake of common decency, he has not been. Xo disre- 
spect is intended towards any religious denomination in the 
above remarks, but it is hoped that, in calling attention to such 
abuses, the influence of all good men of whatever theological bias 
may be brought to bear upon the side of justice and of right. 
“ In 1833 the \Tni versify of St. Andrews, through some of its 
governors, improved its course of study and there was ap- 
pointed for it a competent board of examiners, which satisfied 
the public that none but well qualified persons could obtain a 
degree at that university. Xo sooner was this system estab- 
lished than the University of Edinburg commenced a war of 
agitation by which she intended to shake the very walls of 
Windsor Castle, if His Majesty would not put an extinguisher 
upon St. Andrews’ examiners. Memorials Avere drawn up; 
petitions were presented; the highest law authorities were 
retained; other universities and colleges were enlisted in the 
unholy cause; by an intrigue the College of Surgeons of Edin- 
burg was induced to join hands in the crusade and petition 
the king in council to do an illegal act. Justice at last tri- 
umphed. In the end all the universities were obliged to raise 
their qualifications and for each, competent examiners were ap- 
pointed,” since which time the universities have again taken 
their proper rank—the equals of other first-class medical 
schools of the world. (Macintosh, Principles of Pathology 
and Practice of Physic, Preface, Yol. 1, Second American 
Edition, 1837.) 7 
To return to tlie history of medical legislation in New York. 
In 1834, only such as used the native products of the United 
States “ gratuitously ” were exempt from the penalty, but in 
1835 were again permitted to collect fees for services rendered. 
So matters stood till 1844. when all laws and enactments, pro- 
hibiting the practice of medicine and the collection of fees, were 
repealed. “ One doctor was as good as another in the eye 
of the law,” (Lyman), and so it remained till 1874. Gen- 
tlemen familiar with Fourth Avenue, New York, in 1866-7, 
will remember one of the prominent signs on that busy street: 
u Dr. ——, Indianopathist.” In the west we have advanced 
to the stage of Indian doctors, but have not vet raised the 
term to the dignity of a “pathy.” 
In 1874, the practice of medicine or surgery, without a di- 
ploma, or license from some chartered school, State Board of 
Medical Examiners, or Medical Society, or the practice thereof 
“ under cover of a medical diploma illegally obtained,” was 
again made a misdemeanor, punished by a fine of from fifty 
to two hundred dollars, and for a subsequent offense, of from 
one to five hundred dollars, or of imprisonment of not less 
than thirty days, or both. This act was supplemented in 1880 
by another, which provided that practitioners of medicine 
must be twenty-one years of age, must have a license from the 
regents of the State University, or a diploma from an incor- 
porated medical college within the State, or a diploma of a 
similar institution without the State, provided it be endorsed 
as approved by some proper medical faculty of the State. A 
system of registration, similar to that in our own State, is also 
provided, the registration being done under oath. Violation 
of the provisions of the act is declared to be a misdemeanor 
and punished, on conviction, as provided for by the statutes of 
1874. Registration by perjury is made indictable, and on 
conviction, punished as usual. (Lyman, Popular Science 
Monthly, April, 1881.) 8 
The objectional feature in the New York statutes, as in 
those of Illinois, is the exemption of ten-year practitioners, 
from the operation of the law. The New York statutes, how- 
ever, are better than those of Illinois. “They provide that all 
physicians must be registered; that those not already licensed, 
who have practiced for ten years, may continue to do so dur- 
ing the next two years, if they attend some medical school 
legally incorporated in New York. After the expiration of 
this period, they may practice, only in case they have received 
a diploma.” (Cushing, International Review, April, 1881.) 
The success of registration in Illinois and New York will 
do much to encourage the enactment of similar laws in other 
states. Iowa, Massachusetts and Maryland have thus far failed 
to get their proposed bills regulating the practice of medicine 
passed, but the success of such laws in other states will have 
a salutary effect, and it is to be hoped and expected that some 
near session of their legislatures will be intluenced to enact 
similar or better laws for the protection of the people from 
the ignorance that has set itself up in high places. 
The question arises here, is the preservation of the public 
health a subject falling within the legitimate domain of legis- 
lation? If precedent is a mighty weight in law, then we 
have some very ancient precedents. The Egyptians employed 
physicians at the public expense, whose duty it was to cure 
the sick without charge. Greece, in some parts, had publicly 
paid physicians. In the Roman Empire, town authorities ap- 
pointed town physicians, ‘who received a salary from the 
public treasury, and enjoyed immunity from public burthens. 
Almost every civilized state has its sanitary laws and its sanitary 
police. Out of consideration for the public health, laws are 
passed prohibiting the sale of poisonous drugs unless labeled. 
The interment of the dead within the limits of a dense popu- 
lation is forbidden. The intermarriage of persons within 
certain degrees of relationship is prohibited, because the cliil- 9 
dren of such marriages are likely to be idiotic, dwarfs, or scrofu- 
lous. Laws are passed for the prevention and spread of endemic 
and epidemic diseases. Offensive trades are forbidden in pop- 
ulous districts. The property of citizens is taken possession 
of, purified and even destroyed by the State when the public 
.health demands it. In one case a regulation forbidding the 
growing of rice within a city was sustained, on the ground of 
its injurious effect upon health.* “The life of a citizen is not 
regarded as belonging to himself, but to the State.” (Prince- 
ton Review, January, 1881.) 
Tt being conceded that the life of the individual belongs to 
the State, why should the health of the individual be of less 
concern? 
The law being upon the statutes, how shall it be enforced? 
The State Board of Health, with the small amount of money 
placed under its control, is obviously unable to keep oversi ght 
of all the retired localities in a given state. Nor can county 
societies be expected to prosecute offences of this sort, far less 
can a private physician take upon himself this function. 
Proper co-operation on the part of state attorneys and other 
law officers can but rarely be obtained, and should the case 
finally get a hearing before the grand jury, the average jury- 
man will regard it as merely one of persecution, and happy 
will be the complaining physician, if he does not have it sug- 
gested to him that he is probably actuated by personal jeal- 
ousy, or that pecuniary motives are the acting powers behind 
the complaint. The people generally look upon such legisla- 
tion as being only in favor of the medical profession, espe- 
cially the regular profession, which, much to its credit let it be 
said, has been always first to urge these measures, guarding 
the public against the ignorance which so generally prevails. 
The medical profession, which has secured the enactment of 
the law, has in most cases been left to secure its enforcement, 
* Green vs. Savannah, 6 Geo. 1. 10 
or to let it become a (lead letter upon the statutes. The 
statute of Wyoming makes it the duty of the police, con- 
stables and sheriff to arrest all persons violating the law made 
and provided. This is a proper and wise provision. The 
law in this territory provides that practitioners must be gradu- 
ates of chartered medical schools, proof of which under oath, 
with copy of diploma, to be recorded by register of deeds, in 
the county or counties in which the holder proposes to prac- 
tice. The person presenting such proof must further affirm 
that he or she is the identical person named in the diploma. 
The penalty is fine and imprisonment. With power to reject 
diplomas from the bogus concerns that sell them, the laws in 
W yoming are the best thus far enacted. 
It has been well said that “ ignorant people require to be 
protected against themselves, against the consequences of their 
own ignorance, their own follies and their own superstitions. 
They require to be protected against the wiles of those artful 
quacks and brazen-faced pretenders who disguise the most 
profound ignorance behind the most pretentious assumption 
of wisdom, of learning, and of professional standing.” 
We have game laws, fish laws, nuisance laws, etc., in which 
it is made the duty of sheriffs, deputy sheriffs, constables and 
police officers, to inform, against and prosecute all persons 
whom there is probable cause to believe have or are violating 
these acts. Why should not the enforcement of the medical 
law also fall upon the legal representatives of the people. 
County societies should not be required, in their corporate 
capacities, to prosecute these offenses, unless they receive a 
portion of the inflicted fine, and here, as with the private phy- 
sician, the sympathies of those whose duty it would be conduct 
the legal processes would be enlisted on the side of the defend- 
ant, and all the machinery of delay and escape from merited 
punishment would be freely extended, so that in the end that 
amount accruing to the society from the inflicted fine, would 11 
not pay for the vexatious labor and the employment of the 
additional legal counsel required to assist in the prosecution. 
The Canadian laws bearing upon the practice of medicine 
vary in the different provinces. They agree, however, in a 
number of essential points. A four years’ course of study is 
required by each. Diplomas must he examined and registered. 
Register must he published annually, and all persons not en- 
titled to registration are absolutely prohibited from practicing. 
The penalty is either tine or imprisonment. The usefulness 
of medical laws without this provision is to a great extent 
nugatory. With such a provision charlatans migrate to more 
congenial climes. The intelligent public in Canada stand with 
the profession in exacting the execution of the law. The ab- 
solutely ignorant, of which the body politic in the United States 
is so largely made, in spite of our boasted free schools, will 
stand by the charlatan in opposing all laws of this character; 
but the intelligent, of which the number will become larger 
and larger, as the question becomes more and more publicly 
discussed, will stand by the profession, and in the end, from 
small beginnings scientific medicine will take its proper place 
among the professions, the equal of law and theology, in the 
estimation of the public. 
In conclusion, your committee would suggest that, as fast as 
public opinion will warrant it, the legislature be requested 
to enact laws: (1) Preventing the practice of medicine upon 
diplomas obtained for a money consideration; (2) Providing 
some compensation for the return of vital statistics to the sev- 
eral county courts; (3) Making it the duty of grand juries to 
inquire into violations of the medical law as in other criminal 
cases; (4) Prosecution of the same by the law officers, as in 
other cases; (5) Exempting physicians or surgeons duly author- 
ized to practice from disclosing any information he has ac- 
quired in attending his patients professionally and necessary to 
enable him to prescribe in the case; (6) Requiring all per- 12 
sons bringing suits for malpractice to give security for costs in 
cases where they shall fail to make out a clear case; (7) For 
the compensation of physicians testifying as experts in medico- 
legal cases; (8) Amending Chapter 91 of the Revised Statutes 
of 1874, so that the act will be in force in other counties of 
the State, as it now is in Cook County. The act referred to is 
the one to promote the science of medicine and surgery in the 
State of Illinois. The same material is as abundant in the 
other counties of the State, the needs of the profession are 
quite as urgent, the good accruing to the public will be quite 
as great. 
The assumption of professional titles is greatly abused, and 
highly calculated to deceive the ignorant. It is a great wrong 
against those whose time has been legitimately spent in obtain- 
ing the same, and there ought to be some legal restraint in the 
use of them bv unqualified and incompetent parties. 
Another great injustice is perpetrated against physicians in 
Section 70, Ch. 3, Rev. Stat. 1874, in respect to the claims of 
physicians against the estates of decedents, viz: the most 
costly funeral expenses must be the first paid, the physician 
being left to get liis just dues, for last sickness, fifth on the 
list, and for other professional demands, the seventh; the estate 
in many instances, not reaching farther than the second re- 
quirement—“the widow’s award.” Certainly the labor, time 
and money so often exacted of the physician is quite as valuable 
and as honestly due as that for costly “ funeral feasts.” 
SUPPLEMENTARY. 
ALABAMA. 
No person, except those professing to practice some irregular 
system, shall be permitted to practice medicine without hav- 
ing obtained a certificate of qualification from some authorized 
hoard of medical examiners. 13 
- Irregular practitioners must obtain a diploma or certificate 
of qualification in anatomy, physiology, chemistry, and the 
mechanism of labor, from some authorized board of medical 
examiners. 
Board of censors of State Medical Society and censors of 
county societies affiliating with State Society, constitute a legal 
board of examiners. 
Standard of qualification to be established by State Medical 
Society. 
Diplomas and certificates of qualifications to be officially en- 
dorsed by probate judge. Same to be registered. Fee, one 
dollar. No fee to examining boards. 
Penalty, fine of not more than one hundred dollars for each 
offense, and if not paid, imprisonment not more than one year. 
Practitioners now legally practicing, entitled to a certificate 
without examination. 
Act to take effect as soon as county society has organized 
and reported to county court. 
State Medical Society to constitute Board of Health. Shall 
be medical advisers of State. Shall report to Governor. 
County societies in affiliation with State Society to consti- 
tute county boards of health. Shall be under general direc- 
tions of State Board. 
County boards shall have only advisory powers, and shall be 
conducted without cost to the State, except the legal authori- 
ties of counties, towns and cities, may invest local boards with 
executive powers and duties for the promotion of the public 
health, and under such rules and stipulations as may be agreed 
upon between the parties. 
Sanitary regulations reserved to county boards; salaries, 
etc., to county, city or town. (Session Laws of Alabamai, 
1876-1877.) * 
ARKANSAS. 
Physicians must he registered in the office of clerk of county 
court of some county. 14 
Must tile with above officer “ a certificate of qualification,, 
signed by a majority of the County Board of Medical Examin- 
ers.” Must be twenty-one years of age, and if no county 
board, then register in adjoining comity or with State Board. 
County Board of Examiners to be appointed by tlie county 
judge, from citizens, learned in medicine, good moral charac- 
ter, and duly registered; Board to be renewed every four years. 
Vacancies to be filled by county judge. Examiners to file 
oath as provided for by constitution. County Board to consist of 
three members. To hold meetings quarterly for examinations. 
Examination being satisfactory, county clerk shall issue cer- 
tificate valid throughout the State. Fee for certificate, one 
dollar and a half. 
Two of said County Board shall constitute a quorum. Can- 
didate shall pay for examination the sum of six dollars, to be 
equally divided between said three members of County Board. 
This to be their only compensation. 
Practitioners of five years’ continuous practice within 
State, exempt from examination, but must present proof to 
county clerk, be registered and pay fee for same. 
Females, now or hereafter engaged in the exclusive practice 
of midwifery, exempt. 
All persons who furnish or administer medicines, or in any 
manner treat diseases or wounds for pay, “ shall be deemed 
physicians.” 
State Board to consist of five members, qualifications and 
requirements same as county boards, to be appointed by Gov- 
ernor. To constitute a court of appeal from county boards. 
To receive from applicants the sum of five dollars for exam- 
ination. Applicants not to be refused certificates “ on account 
of any particular system or school of medicine” that they 
may desire to practice. 
Violation of statute declared a misdemeanor, punishable by 
fine of “ not less than ten nor more than one hundred dollars, 15 
and each day said physician shall practice medicine without 
being registered, as hereinbefore required, shall be deemed a 
separate offense.” Act to go into force July, 1881. {Original 
engrossed bill ) 
CALIFORNIA. 
Has a State Board of Examiners which reported, at its meet- 
ing in August and September, the licensing of ten medical 
men under the law; also, eight arrests for practicing without 
a license. Three fines of $50 each had been collected. (Medi- 
cal Record, vol. xviii, p. 588.) 
No law except the right of the Medical Society of the State 
to examine applicants for license to practice. (Secretary of 
State, April, 1881.) 
A rigid Pharmacy law was passed and approved, March 12, 
1881, and goes into effect the first of June. (Druggist's Cir- 
cular and Gazette, May, 1881.) 
NORTH CAROLINA. 
SOUTH CAROLINA. 
Unlawful for any person who lias not attended a full course 
of instruction and graduated from some school of medicine, 
situated either in the United States or some foreign country, 
or who cannot produce a certificate of qualification from some 
state medical society, or who is not a person of good moral 
character, to practice or prescribe medicine for reward or com- 
pensation for any sick person in this State. Ten-year practi- 
tioners exempt. Fees not to he collected by unlawful practi- 
tioners. Dentists and female practitioners of midwifery ex- 
empt. Fine, $50 to $100 for first offence, in addition to which 
for second offence, imprisonment for ninety days in county 
jail. 
Compensation, $10 to $50 allowed physicians in medico- 
legal cases. 
Counties authorized to appoint physicians to visit the indi- 16 
gent sick. Half price only shall be charged for such services. 
(Revised Statutes, 1873, p. 227, eh. 32.) 
Physicians to register, with town clerk, certificates of births 
and deaths. To receive therefor twenty-five cents for each 
certificate. At the request of Boards of Health to report daily 
or weekly cases of pestilential or malignant fever or disease. 
Failure to report, a fine of fifty dollars. (Revised Laws of 
1866.) 
Section 1. Any itinerants, not an inhabitant of this state, who 
shall, by circular, handbill, or any other mode of advertisement, profess to 
treat, and shall in any town in this state, treat disease or injury by any 
drug, nostrum, manipulation, or other expedient, shall be fined twenty-five 
dollars for each day that he shall exercise his profession without procuring 
a license therefor. 
Sec. 2. Selectmen in towns, and the chief officer of police, in cities, 
may issue such licenses upon payment to the town or city treasurer by 
such itinerant person of the sum of twenty dollars, for each day for which 
his license may be granted. The license shall distinctly state the number 
of days for which it shall be in force, and maybe renewed at its expiration 
for any further time upon the same terms. Such selectmen and chief 
officer of police shall record such licenses in books kept by them for that 
purpose, which shall be open to public inspection. 
Sec. 3. This act shall not apply to commissioned surgeons in the army 
or navy of the United States, to any person rendering gratuitous services 
in cases of emergency, nor to any physician or surgeon coming into this 
state from another state, to consult in any particular case. 
Sec. 4. Prosecutions for violations of this act maybe heard and deter- 
mined by police courts, where established, and by justices of the peace in 
towns in which such courts have no criminal jurisdiction. 
Approved April 12, 1881. 
CONNECTICUT. 
The President and Fellows of the State Medical Society, a 
body corporate to license practitioners, upon diplomas or upon 
a full and impartial examination, to receive for said license 
ten dollars. Three members of examining board may grant 
certificate, good until next regular meeting. 
Without certificate cannot collect fees, except he was a prac- 
titioner in the State prior to Feb. 4, 1S22, or resides in and is 
DELAWARE. 17 
regularly admitted to practice medicine and surgery in some 
other state. Fine not less than fifty nor more than one thou- 
sand dollars. Thompsonian, Botanic, Homoeopathic, or those 
who practice gratuitously or who merely accept any gratuity 
or reward voluntarily given for their services, are not liable 
nor guilty of a misdemeanor, (Rev. Code.) 
The board of physicians of the regular school are authorized 
to: 1st, Grant licenses; 2d, To prescribe a course of reading to 
those who study medicine under private instruction, which 
shall be obligatory upon all who may apply to the board for 
examination. 
Must grant licenses to all physicians of their school, who 
present diplomas from the incorporated medical colleges-of the 
State, without examination. To grant licenses to others who 
pass a satisfactory examination. May revoke such licenses 
whenever satisfactory evidence is produced to said Board, 
of irrejnlar and unprofessional practices, calculated to dis- 
credit the medical profession, or result in injury to the 
people. 
To grant licenses to practice any particular branch of med- 
icine, or to treat any particular form of disease, if the appli- 
cant, upon examination, shows himself competent. 
Druggists and apothecaries to obtain license from said 
Board. 
One member of board may grant license till next regular 
meeting. Four members to constitute a quorum. 
Reform (?) practitioners to have like powers. Neither 
board to license to practice in a school different from their 
own. Those belonging to neither school must have a diploma, 
or are liable as though they had no license. Punishment, 
indictment, tine and imprisonment. 
Physicians in practice prior to December 24, 1847, or were 
GEORGIA. 18 
in practice under a legal diploma or license, January 1, 1863, 
are exempt. So, also, druggists engaged in said business prior 
to December 24, 1847, and continue so at the adoption of this 
code, and merchants dealing in medicines already prepared, if 
patented, or, if not patented, legally warranted by a licensed 
druggist. 
Physicians not to practice without a license from a medical 
society, which may grant and revoke licenses. Fee, $5 for 
use of Medical Society. 
Penalty for practicing without license, $300. (Secretary 
State, April 27, 1881.) 
NEW HAMPSHIRE. 
ILLINOIS. 
Establishes a Board of Health for the State, composed of 
seven members, appointed by the Governor. 
Shall have the general supervision of the interests of the 
health and life of the citizens of the State. Sanitary investi- 
gation, supervision of registration of vital statistics. Shall 
make annual reports to the Governor regarding vital statistics, 
diseases, etc.; live thousand dollars being appropriated to 
defray all expenses, salary of secretary of Board, contingent 
expenses, printing, etc. 
Practitioners, if graduates, shall present diploma to Board 
of Health for verification as to genuineness. If so found, a 
certificate to issue under seal of Board. Fee, if candidate is 
successful, five dollars. 
For presenting a fraudulent diploma, Board to collect a fee 
of twenty dollars. 
Diplomas verified bv affidavit of holder. Examinations to 
be of an elementary character. . Board may revoke certificates 
for unprofessional or dishonorable conduct. 
Persons professing to practice medicine or who shall append 
to his name the letters M. IX, to be considered physicians. 19 
Students prescribing under supervision of preceptors, or per- 
sons prescribing gratuitously in cases of emergency, exempt. 
jSTot applicable to commissioned officers of the United States 
army or navy. 
Itinerant practitioners to pay a license of one hundred dol- 
lars a month. , 
Practitioners to be registered in county or counties where 
practicing. When removing to another county, certificate to 
be indorsed to that effect by county clerk; said certificate to 
be recorded as before provided for. 
Practitioners to file certificate of births and deaths within 
thirty days. Penalty, ten dollars. Failure to register, fine, 
not less than fifty nor more than five hundred dollars, or by 
imprisonment of not less than thirty nor more than three hun- 
dred and sixty-five days, or by both fine and imprisonment, 
for each and every offense; and any person filing or attempt- 
ing to file, as his own the diploma or certificate of another, or a 
forged affidavit of identification, shall be guilty of a felony, and 
upon conviction shall be subject to such fine and imprisonment 
as are made and provided for bv the statutes of this state for 
the crime of forgery. 
Board a mixed one, three, regular physicians, one homoeopath 
or eclectic, and two laymen. (Report State Board of Health.) 
INDIANA. 
“ Physicians are not competent witnesses as to confidential 
communications made to them in the course of the duties of 
their profession, unless by the consent of the party who made 
the communication.” (Statutes, Gavin & llord, 1862.) 
KENTUCKY. 
Physicians and surgeons to keep a registry of births and 
deaths. Certificate to he tiled with county clerk. 
Coroners authorized to appoint competent physicians to 
make post-mortem examinations. 20 
Failure to register births or deaths, a fine of from $10 to 
$20. (Rev. Statutes, 1860.) 
LOUISIANA. 
Before being permitted to practice must make affidavit, be- 
fore a duly qualified justice of the peace, of having received 
the degree of Doctor of Medicine, from a regularly incor- 
porated medical institution in America or Europe. 
The justice is to issue a certificate and forward a copy of 
the same to the parish recorder, who shall record the same. 
Fee to each officer, one dollar. 
Ten-year practitioners and female practitioners of midwif- 
ery are exempt. 
Coroner or majority of jury may summon one or more com- 
petent physicians to make post-mortem examinations, expenses 
of which to be borne by parish or municipality. 
Physicians required to pay an annual license tax of $20, 
(with what just reason does not appear). 
The false assumption of holding a professorship in any 
medical college, or assuming falsely any literary or profes- 
sional title, forever bars from the right to practice medicine, 
and on conviction of said assumption, punishment by impris- 
onment in the State penitentiary for not less than six months 
nor more than five years. {Acts of 1872.) 
Fines and license fees collected summarily, without judi- 
cial formality. Injunction to forbid practice, with twenty per 
cent, special damages. {Acts of 1873.) 
lias three statutes relating to medical affairs. One estab- 
lishes a State Board of Health. The other two regulate the 
practice of Pharmacy and the sale of medicines and poisons. 
The State Board of Health consists of nine members, seven 
being physicians. Its duty is to look after the sanitary con- 
dition of the State, make appropriate scientific investigations, 
IOWA. 21 
and secure the registration of vital statistics. Such registra- 
tion is made compulsory upon physicians; the fine for neg- 
lect to register a death or birth being ten dollars. No com- 
pensation is allowed for the same. The injustice of this is 
manifest. Physicians should not he called upon to exercise 
their special knowledge for the good of the public, without 
some return in the way of a fee. Possibly, when legislators 
learn the value of vital statistics, this will be forthcoming, 
without any asking on our part; but physicians have, for so 
long, given their services gratuitously to every good word and 
work, the public will scarcely recognize our right, unless we, 
upon every proper occasion, assert it. 
An attempt was made by a physio-medicalist to introduce 
a bill into the Iowa legislature recently, similar to that of 
Kansas. When it is considered that no regular physicians 
have been engaged in the bogus diploma business, but that it 
was run almost entirely by the Eclectic School, of which 
physio-medicalism is an off-shoot, the animus of the attempt 
is readily seen. 
NEW JERSEY. 
An Act to regulate the practice of medicine and surgery. 
1. * * * Every person practicing medicine or surgery in this State 
in any of their branches for gain, or who shall receive or accept for his or 
her services any fee or reward, either directly or indirectly, shall be a grad- 
uate of some legally chartered medical college in good standing, or some 
medical society having power by law to grant diplomas; and such person, 
before entering upon said practice, shall deposit a copy of his or her diplo- 
ma with the clerk of the county in which he or she may sojourn or reside, 
and shall pay said clerk ten cents for filing the same in his office; said copy 
to be a matter of record, and open to public inspection. 
2 * * * Any person who shall practice medicine or surgery, without 
conforming to the requirements of the first section of this Act, shall be 
deemed guilty of a misdemeanor, and on conviction, shall be punished by 
a fine of twenty-five dollars for each prescription made or operation per- 
formed, said fine to be sued for and recovered in an action of debt, by any 
person who will sue for the same, and in default of payment of said fine, 
CHAPTER CXCIX. 22 
the offender shall be imprisoned in the county jail for a period of not less 
than three nor more than six months; provided always, that he or she may 
be liberated at any time by paying the amount of said fine and costs. 
3. * * * It shall be unlawful for any person not qualified according 
to the first section of this Act, to collect any fees for medical or surgical 
services. 
4. * * * Any person who shall offer for record a copy of any diploma 
which shall have been issued to any other person, or a diploma issued or 
obtained fraudulently, shall be deemed guilty of a high misdemeanor, and 
on conviction thereof, shall be punished by a fine of not less than three 
hundred dollars, nor more than five hundred dollars, or imprisonment at 
hard labor for not less than one nor more than three years, or both, at the 
discretion of the court. 
5. * * * Nothing in this Act shall be so construed as to prevent any 
physician or surgeon in good standing, and legally qualified, to practice 
medicine or surgery in the State in which he or she resides, from practicing 
in this State, but all persons opening any office, or appointing any place 
■where he or she may meet patients, or receive calls, shall be deemed a so- 
journer in this State, and shall conform to the first section of this act. 
6. * * * This Act shall take effect on the first day of June, one thou- 
sand eight hundred and eighty. 
Approved March 12, 1880. 
CHAPTER XLIX. 
Supplement to an Act * * * approved March twelfth, one thousand 
eight hundred and eighty. 
1. * * * That section two of an Act entitled “An Act to regulate, 
etc.” * * * is hereby amended so that the same shall read and be: 
2. * * * That any person who shall practice medicine or surgery 
without conforming to the requirements of the first section of this Act, 
shall be deemed guilty of a misdemeanor, and, on conviction, shall be pun- 
ished by a fine of twenty-five dollars, or imprisonment in the county jail 
not exceeding six months, or both, at the discretion of the court, for each 
prescription made, performed, or professional service rendered, provided 
that any person who shall have had twenty years experience in the prac- 
tice of medicine or surgery in one locality shall be exempt from the pro- 
visions of this Act. 
Approved March 2, 1881. (Hon. Secretary of State, April, 1881.) 
KANSAS. 
The salient features of the law in this State relate to the 
different schools examining; and certifying- to the fitness of 
applicants to practice. Certain parties, who failed to pass 
before examiners appointed by the regular Medical State 23 
Society, subsequently applied to the Eclectic authorities, and 
were promptly admitted, the fee being, for such examination, 
twenty dollars. Since April 1,1880, the Boards have no right 
to admit practitioners except upon a diploma. The “ Reform ” 
school, finally under the learned directions of the State’s At- 
torney General, assumed to be “ the Examining Board ” for the 
entire State, for whereas, etc., the Kansas Medical Society 
(Regular) “ had no legal existence,” it having been chartered 
while the State was a territory, and therefore, under the State 
laws, was incompetent to grant permits to practice. There- 
fore, Roots and Herbs assumed that prerogative, promising 
legal immunity “on the receipt of a proper fee.” A “de- 
ficiency in the consideration ” seemed in some cases the 
only “cause for a rejection of a candidate.” The salutary 
effects of the law thus far has been nil. The granting of 
“ permits to practice,” on examination by Boards of different 
schools is pernicious in the extreme, as exemplified by such a 
course in Kansas. {Med. Record, vol. xviii., p. 530.) 
MASSACHUSETTS. 
Practice of medicine not regulated by statute. A bill for 
this purpose was introduced last year, but failed to pass. The 
same subject was presented at session of 1880-1, without 
result as to legislation. A bill is now before the House to 
prevent incompetent persons from conducting the business of 
apothecaries. {Cor. Secretary of State, April, 1881.) 
MAINE. 
No person, except a physician or surgeon, who began to 
practice prior to February 16, 1831, or lias received a medical 
degree at a public medical institution in the United States, or 
a license from the censors of the Maine Medical Society, shall 
recover any compensation for medical or surgical services, 
unless, previously to rendering such services, he has obtained 
a certificate of good moral character from the municipal of- 24 
ficers of the town where he then resided. (P. 202, ch. 13, 
sec. 1.) 
MARYLAND. 
No statutes regulating the practice of medicine; common 
law and the usage of the profession, constitute the law. 
{Cor. Secretary of State, April, 1881.) 
Numerous bills have been introduced at different sessions of 
the Legislature, none of which were successful. Some two or 
three years ago a bill was before the Legislature providing for 
three separate State boards of co-ordinate jurisdiction, represent- 
ing the Regulars, Homoeopath and Eclectic. The bill failed 
and it is well it did, considering the bad working of such a 
law in Kansas. The State has no medical law except that 
physicians are forbidden to prescribe when intoxicated. {Cor. 
Secretary of State, April, 1881.) 
MICHIGAN. 
MINNESOTA. 
No law. The “ Illinois law was proposed at last Legislature 
but not receiving much support was dropped.” {Cor. Sec- 
retary, State Board of .Health^ 
MISSISSIPPI. 
No law in this State regulating the practice of medicine 
except,—malpractice is indictable as a criminal offence. It 
seems, however, the State has a Board of Health which pro- 
poses recommending “Legal regulations” to the next Legisla- 
ture. {Cor. Secretary of State, April, 1881.) 
MISSOURI. 
Unlawful to practice without a diploma from a medical col- 
lege or university, duly established by law. 
Violation a misdemeanor. Punishment, a tine of not less 
than one hundred nor more than five hundred dollars; not 
applicable to persons now authorized to practice. 25 
Diploma to be filed witli county clerk, who is to grant certi- 
ficate; fee, one dollar. Relates only to those not already legal 
practitioners. Registration under oath. 
False record a misdemeanor. Penalty, fine of from one to 
five hundred dollars. 
Failure to comply a misdemeanor. Penalty same as above, 
and can collect no fee. 
Midwives and medical students, practicing under immediate 
instructions of preceptor, exempt. 
Certified copy of diploma to be received in evidence. 
Duty of circuit and prosecuting attorneys to prosecute. 
Judges of all criminal courts “ shall give this chapter in charge 
to the grand juries within their respective judicial districts.” 
Fines accrue to school fund. 
Druggists not permitted to enroll as physicians or practice 
without conforming to above. A stringent pharmaceutical 
law goes into effect June 26, 1881. {lion. Secretary of State, 
April, 1881.) 
The statutes of Ohio regulating the practice of medicine 
provide that “No person shall be permitted to practice who has 
not attended two full courses of instruction, of at least twelve 
weeks each, and graduated at a school of medicine, either in 
the United States or a foreign country, or who cannot produce 
a certiticate of qualification from a state or county medical 
society, and is not a person of good moral character. Excep- 
tions are made to those who, at the time of the passage of the 
law, had been continuously in practice for ten years. There 
are features relating to subjects for dissections, penalties for 
robbing, etc., etc.” Statutes of Ohio, 1880. {lion. Secretary 
of State, April, 1881.) 
OHIO. 
PENNSYLVANIA. 
Possession of diploma, regularly issued, to constitute sufficient 
license to practice. 26 
Not sufficient, if granted for money consideration. 
A practitioner without diploma may apply to prothonotary 
for examination. Court to appoint a committee consisting of 
three respectable practitioners of the school of practice, recog- 
nized by the Commonwealth, to which applicant may profess 
to belong. Applicant to deposit fifteen dollars with committee, 
to be equally divided among them for said examination, and 
must make oath “ that they have not taken, and will not receive, 
directly or indirectly, any other compensation” for such ex- 
amination. 
One full course of lectures and five years’ practice, also, ten 
years’ continuous practice, exempts. 
Transient practitioners to furnish proof as above, taking out 
a license for one year, for which he is to pay into county treas- 
ury the sum of two hundred dollars. 
Violation a misdemeanor; punished by a fine of not exceed- 
ing five hundred dollars. Shall receive no fee, and if one is 
paid, patient or heirs may recover as a debt. Approved April 
12, 1875. 
Further legislation is in progress. Bill gone to its third 
reading. April, 1881. {lion. Secretary of State, April, 
1881). 
RHODE ISLAND. 
Physicians must give certificate of death to family of de- 
ceased, or with those having charge. 
Must make annual returns before the first Monday in March, 
of number of births and deaths that have occurred in their 
practice. Penalty, forty dollars. 
Must take no gratuity for certificate of inability to perform 
military duty. Penalty, fifty dollars. (General Laws. 1872.) 
TEXAS. 
Permits anyone to practice “ who holds and has recorded a 
diploma from any chartered medical college. Those so unfor- 27 
tunate as to possess no such rights are required to be examined 
by a Medical Examining Board.” The law of 1876 required an 
examination and certificate from the District Examining Board, 
irrespective of diplomas. This was repealed, and “a diploma 
required.” The fellow, Paine, who engineered the “ Philadel- 
phia University of Medicine and Surgery” in its nefarious 
career, was, for a time, located in Austin. Under the commend- 
able attention of the regular profession of that city, he found 
it pleasant to migrate to a more congenial clime. The law 
now in force bears the Eclectic ear-marks. 
Attempts will be made in the near future to enact a law 
similar to, or better than, the one of 1886. 
W. J. Burk, M. P., of Austin, President of the Medical 
Examining Board, for the Austin district, thinks that a single 
State Examining Board, from which every one intending to 
practice should be obliged to obtain a certificate of qualifica- 
tion, the better form of regulating the practice. This to be 
enforced by a heavy penalty. (IE. J. Burk, Pres. Med. Ex. 
Board, Autsin, Tex.) 
TENNESSEE. 
ISTo law regulating the practice of medicine. {Hon. Secretary 
of State. April, 1881.) 
VERMONT. 
Eacli chartered medical society to elect a board of censors, 
consisting of three members, to examine and license prac- 
titioners. 
Every person assuming the title of doctor to obtain a 
certificate of some medical society, either county or district. 
Such certificate to be recorded by county clerk. Fee, 
twenty-five cents. Certificate to be recorded in county in 
which practitioner resides. If not a resident of the State, 
then in county from which certificate issues. Failure to re- 
cord within thirty days, fine of twenty-five dollars. Signing 28 
certificate of death, penalty same as for practicing without a 
certificate. 
Censors to notify practitioners of the requirements of the 
law, to obtain certificate within thirty or ninety days. 
Non-residents must comply with the law the same as citi- 
zens of the State. 
Censors to issue certificates without fee; said certificates 
being valid throughout the State after being duly registered. 
Censors to revoke certificates if obtained fraudulently, or 
forfeited by reason of crime or misdemeanor. 
Penalty for first offence, a fine not less than fifty nor more 
than two hundred dollars; for subsequent offence not less than 
two nor more than five hundred dollars, which fine may be 
recovered by an action of debt for the use of any person who 
shall sue therefor, or by an indictment. 
Persons not complying with the law cannot collect fees. 
Dentists, midwives (females), and five year practitioners in 
one locality, exempt. (Acts of 1876.) 
Non-residents and non-graduates must obtain certificate 
from board of censors, and record the same. 
Not to apply to females in the town or society in which 
they reside, nor to those practitioners who have resided and 
practiced medicine in this State five years. Approved Novem- 
ber 27, 1878. (General Assembly Laws, Vermont.) 
AMENDMENTS. 
VIRGINIA. 
The code of 1773 requires every surgeon, physician and 
dentist to take out a license, which authorizes the holder to 
practice anywhere in the State. Neglect to procure a license 
punishable by a tine of not less than thirty nor more than one 
hundred dollars. Nor can such practitioner collect compen- 
sations for services. 
Physicians must keep a record of deaths, a copy of which 29 
to he given annually, when called for, to the commissioner of 
revenue. {Code of 1773.) 
WEST VIRGINIA. 
Medical legislation in this State is rather complicated. Of 
three statutes, one establishes a Board of Health and regulates 
the practice of medicine and surgery; another regulates the 
practice of pharmacy, and the third regulates the practice of 
dentistry. 
Board of Health appointed by the governor consists of six 
physicians, two from each Congressional district. These must 
be graduates of respectable medical colleges, of twelve years 
continuous practice, and must have distinguished themselves 
by devotion to the study of medicine and kindred sciences. 
Ho provision is made for a tie in the Board, nor does the stat- 
ute provide from what school or schools the Board shall be 
selected. This will depend entirely upon the predilections of 
the Executive. It is further provided that this Board shall 
elect one of its members president, and one secretary, this 
last officer being declared the executive officer of the Board, it 
being his duty to correspond with and assist local boards of 
health, and make yearly reports to the Governor of matters 
pertaining to the Board of Health. 
The Board is to take cognizance of the interests of the life 
and health of the people of the State; investigate causes of en- 
demic and epidemic diseases and prevention of same (human 
and animal) and attend to a vast number of kindred subjects. 
Local boards are to be appointed in the several counties. 
Practitioner, if a graduate, shall present diploma to mem- 
bers belonging to his congressional district for inspection as 
to its genuineness. If genuine, is to receive a certificate from 
State Board. If not a graduate, examined by said members, 
assisted by local county board, and if satisfactory, a certificate. 
Ten years’ practitioners, on filing affidavit to that effect, ex- 30 
empt. Certificates to be recorded by Secretary of State Board. 
Fee for certificate, ten dollars. 
Examinations in anatomy, physiology, pathological anatomy, 
surgery, chemistry, materia medica, pathology and obstetrics 
to be elementary and of practical character. Females practic- 
ing midwifery exempt. 
Itinerants to pay into State Treasury a special tax of $50 
per month. 
Penalty for violation of any of above, fine not less than $50 
nor more than $500, or imprisonment in county jail not less 
than one month nor more than twelve. 
Attempts to file false diplomas, punishment as for forgery. 
All funds received bv State Board to he paid into State 
Treasury. 
For salary of Secretary of State Board, and contingent ex- 
penses of officers of the Board of every kind and nature what- 
soever, $1,000 appropriated from fines, examinations, etc., and 
if insufficient, the deficit is to be made up by an appropriation 
from State Treasury. (Dr. Sharp, Medical Record, March 
26, 1881.) 
WISCONSIN. 
Section 1436. No person practicing physic or surgery, or both, shall 
have the right to collect in any action in any court, fees or compensation 
for the performance of any medical or surgical service, or to testify in a 
professional capacity as a physician or surgeon in any case, unless he shall 
have received a diploma from some incorporated medical society or college, 
or shall be a member of the State or some county medical society legally 
organized in this State. 
[Published April 7, 1881.] 
CHAPTER CCLVI. 
An Act to prevent quacks from deceiving the people by assuming a profes- 
sional title. 
Sec. 1. No person practicing physic or surgery, or both, who is pro- 
hibited by section one thousand four hundred and thirty-six of the revised 
statutes of Wisconsin, 1878, from testifying in a professional capacity, as 31 
a physician or surgeon, in any case shall assume the title of doctor, physi- 
cian or surgeon, by means of any abbreviation, or by the use of any word or 
words, letters of the alphabet, of the English, or any other language, or any 
device of whatsoever kind, printed, written or painted, or exhibited in any 
advertisement, circular, handbill, letter or other instrument, nor on any 
card, sign, door or place whatsoever. Any person violating any provision 
of this act, shall be deemed guilty of a misdemeanor, and shall, on convic- 
tion thereof, be punished by a tine of not less than twenty-five dollars, nor 
more than one hundred dollars, or by imprisonment in the county jail not 
less than ten days nor more than sixty days for each offense. 
Sec. 2. Upon complaint made in writing, under oath, before any 
magistrate or justice of the peace, charging the commission of an offense 
against the provisions of this Act in his county, it shall be the duty of the 
district attorney to prosecute the offender, and in all such prosecutions the 
burden of proof shall be upon the defendant, to establish his right to use 
such title, under the provisions of this Act. 
Sec. 8. Any person prohibited by section one of this Act from assum- 
ing the title of doctor, physician or surgeon, who shall practice or pretend 
to practice physic or surgery, or both, shall not be exempted from any, but 
shall be liable to all of the legal penalties and liabilities for malpractice ; and 
ignorance shall be no excuse for failing to perform, or for negligently, or 
unskilfully performing or attempting to perform any of the duties required 
by law, of practicing physicians or surgeons. 
Sec. 4. Every person pretending to practice physic or surgery, or both, 
shall, upon demand of any person, exhibit all diplomas or licenses that he 
may have to practice physic or surgery, or both, and if such person, upon 
demand, shall refuse to exhibit such diploma or license, any suit instigated 
against him under this chapter shall not be construed malicious. 
Sec. 5. This Act shall take effect from and after its passage and publi- 
cation. 
Approved March 80, 1881. (lion. Secretary of State, April, 1881.)